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“The Inn has no business signs,” he pointed out. “All of us have given directions to it from the street. The Inn has never had any interest in having business signs. My argument,” he concluded, “would be not to apply for a special use permit. ”
Evelyn Willis pointed out to Mr. Lynch that, as a new board, the ARB is “feeling its way, trying to be fair.” It is perhaps, she added, beyond our interest. “We are interested in appropriateness.”
Mrs. Miller agreed, saying, “the only thing we can do is approve whether the way you affix it is appropriate . . . Whether the flag is commercial or non-commercial is the question. That’s not up to us - we need a ruling by the zoning administrator. If it is not commercial, you may fly it by right. If it is commercial, it will require a special use permit from the Town Council.”
Mrs. Willis asked Mr. Reynolds how the ARB is to distinguish between appropriate and inappropriate flags, banners or pennants.
“You make a finding that this flag is appropriate to the town,” he replied. “So that when someone comes before you with a request for plastic pennants, you can say ‘No, that is not appropriate’. What Reinhardt said about the Williamsburg Inn” is support for the ARB’s finding, he added.
Mr. Reynolds also told the ARB that “you don’t need to worry whether a permit is needed or not because (your decision) can’t bind the Town Council if they decide to deny a permit whether you approve of its appropriateness or not . . . What I recognize in almost all cases is that a flag is a sign or symbol because it is meant to convey a message. Even if you want to talk about those tri-corner plastic flags - they convey a message too: ‘Here is a used-car lot’.”
“You’ve definitely got a hole in the ordinance,” he added.
Mr. Thoinasson moved that the ARB approve the certificate of appropriateness, and the application was approved unanimously.
Mrs. Miller suggested that Mr. Lynch contact Zoning Administrator John McCarthy for a decision on whether the flag would require a special use permit.
The ARB also approved the fol(See
ARB, page 14)
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